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CIRCULAR No. 107/2004/TT-BTC OF NOVEMBER 10, 2004 GUIDING THE FINANCIAL MECHANISM APPLICABLE TO PROJECTS FUNDED WITH CAPITAL BORROWED FROM THE FRENCH DEVELOPMENT AGENCY (AFD) UNDER THE BANKING-FINANCE PROGRAM II

Pursuant to the Government's Decree No. 52/1999/ND-CP of July 8, 1999 promulgating the Regulation on Construction and Investment Management, Decrees No. 12/2000/ND-CP of May 5, 2000 and No. 07/2003/ND-CP of January 30, 2003 amending and supplementing a number of articles of the Regulation on Construction and Investment Management, and documents guiding the implementation thereof;

Pursuant to the Government's Decree No. 17/2001/ND-CP of May 4, 2001 promulgating the Regulation on management and use of official development assistance sources;

Pursuant to the Government's Decree No. 60/2003/ND-CP of June 6, 2003 detailing and guiding the implementation of the State Budget Law;

Pursuant to Credit Agreements No. CVN 1075 02J and No. 1075 01H of January 15, 2004 between the Ministry of Finance on behalf of the Vietnamese Government and the French Development Agency (AFD) on financial support for the Banking-Finance Program II (hereinafter referred to as the Program);

The Ministry of Finance hereby guides the financial mechanism applicable to projects funded with capital borrowed from the AFD under the Program as follows:

I. GENERAL PROVISIONS

1. The whole capital borrowed from the AFD under Credit Agreements, after being disbursed, shall be remitted into the State budget for allocation to projects already approved by competent authorities.

2. The list of projects funded with capital borrowed from the AFD under the above-stated Credit Agreements shall be approved by the Prime Minister. The list of phase I-projects, which has been approved by the Prime Minister (in Official Dispatch No. 234/CP-QHQT of February 19, 2004) shall comply with Appendix 1 to this Circular.

3. The Ministry of Finance shall transfer capital to the State Treasuries for allocation and payment to projects on the list already approved by the Prime Minister. The project owners shall open accounts at the State Treasuries where they regularly conduct transactions to receive capital and have to manage and use such capital amounts for the right purposes in strict accordance with regulations and with efficiency.

II. SPECIFIC PROVISIONS

1. Withdrawal of capital for projects:

After completing all procedures for making investment in the projects according to regulations, project owners shall send to the Ministry of Finance (the External Finance Department) the following documents to carry out procedures for withdrawing AFD loan capital:

- The project-approving decisions, clearly separating expenditures of capital construction investment nature (if any) from administrative and non-business expenditures.

- The feasibility study reports/ projects' documents already approved.

- The projects' annual financial plans already approved, detailed to every quarter under the guidance in Joint Circular No. 02/2003/TTLT-BKH-BTC of March 17, 2003 of the Ministry of Planning and Investment and the Ministry of Finance.

2. Elaboration of plan and transfer of payment capital:

2.1. The elaboration, approval and assignment of financial plans to project owners shall strictly comply with the State Budget Law, its guiding documents and Joint Circular No. 02/2003/TTLT-BKH-BTC of March 17, 2003 of the Ministry of Planning and Investment and the Ministry of Finance guiding the elaboration of financial plans for programs and/or projects funded with official development assistance sources.

Based on projects' financial plans elaborated by their managing agencies, the Ministry of Planning and Investment (to assume the main charge for projects on capital construction investment or capital construction investment components of mixed projects) and the Ministry of Finance (the Department for Administrative and Non-Business Finance to assume the main charge for projects of administrative and non-business nature or administrative and non-business components of mixed projects) shall consider and synthesize annual financial plans for projects funded with AFD loans for synthesizing into the State budget estimate.

2.2. Management, allocation and payment regimes for projects shall comply with the following circulars:

- Circular No. 59/2003/TT-BTC of June 23, 2003 of the Ministry of Finance guiding the implementation of the Government's Decree No. 60/2003/ND-CP of June 6, 2003 which details and guides the implementation of the State Budget Law.

- Circular No. 44/2003/TT-BTC of May 15, 2003 and Circular No. 45/2004/TT-BTC of May 21, 2004 of the Ministry of Finance guiding the management and payment of investment capital and non-business capital of investment and construction nature belonging to the State budget.

- Circular No. 79/2003/TT-BTC of August 13, 2003 of the Ministry of Finance guiding the regimes of management, allocation and payment of State budget expenditures via the State Treasuries.

3. Inspection:

Managing agencies shall coordinate with the State Treasuries in inspecting the implementation of financial plans as well as the observance of financial management regime by project owners, and timely report problems in capital management and payment to the Ministry of Finance and the Ministry of Planning and Investment for solutions.

4. Reporting regime:

Quarterly, within 15 working days after the end of the quarter, and annually, no later than January 31 of the subsequent year, the project owners shall have to send reports on the situation of capital disbursement and use (made according to forms prescribed in Appendices No. 5 and No. 7 to the Planning and Investment Ministry's Circular No. 06/2001/TT-BKH of September 20, 2001 guiding the implementation of the Regulation on management and use of official development assistance sources, issued together with the Government's Decree No. 17/2001/ND-CP of May 4, 2001) to their managing agencies and the Ministry of Finance (the External Finance Department) for synthesis into a general report on the implementation of the program to the AFD, which shall serve as basis for the AFD to continue disbursing capital for projects under the Program.

Within 6 months after the completion of projects, project owners shall send reports on project completion (with certification by the State Treasuries, which have allocated capital, of the capital amounts already allocated to the projects) to the Ministry of Finance (the External Finance Department), the Ministry of Planning and Investment and Vietnam State Bank for synthesis of reports on completion of projects and the Program before sending them to the AFD in strict accordance with commitments in the Credit Agreements.

III. IMPLEMENTATION ORGANIZATION

This Circular takes effect 15 days after its publication in the Official Gazette.

The Ministry of Finance, the Ministry of Planning and Investment, managing agencies and project owners shall have to strictly comply with the provisions of this Circular.

Concerned agencies and units are requested to report any problems arising in the course of implementation to the Ministry of Finance for study and settlement.

For the Minister of Finance

Vice Minister
LE THI BANG TAM

APPENDIX 1

(Enclosed with the Finance Ministry's Circular No. 107/2004/TT-BTC of November 10, 2004)

List of phase I-projects funded with AFD loan capital under the Banking-Finance Program II

Ordinal number

Projects

Implementing agency

Managing agency

1

Investing in the formation of techno- material foundations for the national security transaction registration system Department, the Ministry of Justice

The National Secured Transactions Registration

The Ministry of Justice

2

Investing in material foundations and technical equipment and facilities for the Financial Transaction Control Board (anti-money laundering)

The State Bank's Inspectorate

Vietnam State Bank

3

Equipping machinery, connecting network and designing software for monetary market operations and custody of valuable papers at the State Bank's Transaction Office

The State Bank's Transaction Office

Vietnam State Bank

4

Hanoi Securities Trading Center

The State Securities Commission

The Ministry of Finance

5

Vietnam Insurance Training Center

The Finance Institute

The Ministry of Finance